Violation of Personality Rights

Violation of Personal Rights – Legal Representation in Personal Rights Litigation

By personal rights (otherwise known as rights of personal), we mean the rights inherent to every human being that express their personal, unique characteristics, and social role. Personality rights enjoy enhanced protection, as evidenced by the fact that they are protected by the Civil Code (Ptk.), several other laws, and the Fundamental Law.

Personality rights are multifaceted: every person has the right, for example, to health, physical integrity, a good reputation and honor, the tranquility of the home, and the right to live in a whole family. Everyone is obliged to respect personal rights; the violation of another person's personal rights may result in civil law consequences.

What are the consequences of violating personal rights?

The consequences of violating personal rights can be classified into two groups:

Objective Sanction

An objective sanction means that by proving the violation of personal rights, we are already entitled to request the sanction; thus, it is not necessary to prove that we suffered any disadvantage due to the violation.

Objective sanctions are listed exhaustively: the person whose personal rights have been violated may request the court to establish the violation, order the violator to cease the violation and enjoin them from further violation, demand the termination of the infringing situation and the restoration of the state prior to the violation.

It often occurs that an objective sanction provides sufficient satisfaction for the person whose personal rights have been violated. If not, the grievance fee may be the further solution.

Subjective Sanction

Grievance Fee (Enforcement of Grievance Fee)

The subjective sanction is the grievance fee (formerly called non-material damages). The grievance fee is subjective because, in addition to the violation, it is necessary for the person whose personal rights were violated to have suffered a disadvantage as a result of the violation and to prove it. The grievance fee is a lump sum of money intended to compensate for these disadvantages.

The court determines the amount of the grievance fee by considering all circumstances of the case, which means that since every person is different and a violation may affect everyone differently, the grievance fee is not a flat-rate compensation but a question to be carefully weighed. Therefore, the grievance fee cannot be precisely determined in advance, as the court decides the amount in its judgment based on its discretion.

To use our favorite example, if a concert pianist's finger is injured in a traffic accident (thus violating their personal right to physical integrity) and they can no longer play the piano, a higher grievance fee may be justified than in the case of a person who is a singer and the injury to the finger caused no particular problem in their work.

If we do not enforce the grievance fee in court, only court judgments can provide guidance on what amount the court found suitable to compensate for the disadvantage of a similar violation.

Sanctions for violations of personal rights can be applied concurrently; one does not exclude the other.

When is a personal rights lawsuit necessary?

"Since the grievance fee is a lump-sum compensation, it is not necessarily required to initiate a civil lawsuit if the violating party pays the grievance fee. Lawsuits for grievance fees are common, on one hand, because the violator and the person whose rights were violated often cannot agree on the fee, as the violator frequently does not consider their violation serious, while the person whose personal rights were violated experienced the violation, thus their perspectives are entirely different.

On the other hand, lawsuits for grievance fees are common because they are enforced within a compensation lawsuit, as it is possible for the court to adjudicate compensation and the grievance fee together in a single lawsuit."

Dr. Jilling Szilárd Ferenc LL.M.
Master of Tort Laws
Attorney-at-Law

Violation of Personality Rights: The Most Common Cases

As written earlier, personal rights are diverse, given that people's personalities and characteristics are also diverse.

Our Law Firm mainly deals with compensation arising from accidents involving personal injury, so the personal right violations most frequently experienced by our Firm are violations of the rights to physical integrity and health, and in the case of death, cases involving the violation of the relatives' personal right to live in a whole family.

However, our Firm also provides representation for violations of personal rights related to the tranquility of the home, which are often called neighborhood law violations. Additionally, one of the most frequently violated personal rights is the right to a good reputation and honor. These personal rights are intended to protect people's social perception, social status, and esteem.

The Process of a Personality Rights Lawsuit

Compared to general civil lawsuits, it is a simplification in personal rights lawsuits that, apart from the fact of the violation, the person whose personal rights were violated does not need to prove anything else to have the infringement established.

Therefore, if clear evidence is available regarding the violation of personal rights, the lawsuit can be concluded quickly. In the case of a grievance fee, it is also sufficient to prove the fact of the violation; however, since the grievance fee requires a disadvantage, it is strongly recommended to present and prove the disadvantage and the consequences of the violation so that the court has the opportunity to award a grievance fee suitable for compensation.

In most cases, legal representation is mandatory in personal rights lawsuits, so it is recommended to appoint a lawyer who is experienced in personal rights lawsuits and up-to-date with the court practice regarding grievance fees, to ensure the person whose personal rights were violated receives the highest possible compensation.

Frequently Asked Questions

What is the relationship between compensation and the grievance fee? Are they the same?

The two are not the same, as compensation serves to reimburse material damages, while the grievance fee is compensation for the violation of personality rights. Simply put, the similarity between the two is, on one hand, that both aim to offset a disadvantage, and on the other, that the rules of compensation are also applicable to the grievance fee; thus, the violator is liable for the grievance fee if they would be liable for compensation based on the rules of damages.

Can a grievance fee be obtained in the event of death?

Personality rights can only be enforced personally; thus, the personality rights of a deceased person cannot be enforced, with the exception of one personality right: the right to respect for the deceased (kegyeleti jog). Personality rights are not inheritable, as they are tied to the specific person. Claims arising from the violation of a deceased person's personality rights can only be enforced if the lawsuit was initiated during their lifetime; in such a case, the heir may inherit the (plaintiff's) position in the litigation and continue the lawsuit on behalf of the deceased. If a relative has passed away, their family members may be entitled to a grievance fee in their own right.